A importância do Direito Previdenciário e Médico no novo cenário da Saúde Pública na Pandemia,
Recentemente uma matéria publicada na BBC News trouxe os impactos causados pelo coronavírus no mundo e, sobretudo no Brasil.
O vírus trouxera consigo uma série de obstáculos a serem enfrentados neste cenário crítico, o que, diretores de associações médicas têm previsto como um problema que levará cerca de uma década para corrigir.
A crise sanitária oriunda do vírus, atrelada às desigualdades de acesso à saúde no Brasil, tornou-se descomunal em razão de sua ocorrência se dar tanto regional quanto socioeconômica.
Os problemas citados pelos profissionais, por conta da desigualdade, primeiramente são: serviços de urgência e emergência médicos, desigualdade de distribuição de leitos, a possibilidade de novas ondas, agravamento de comorbidades de sobreviventes da Covid,
desassistência provocada pela restrição de acesso a pacientes que não foram ao hospital porque tinham medo, àqueles que possuem diagnóstico de doença grave e que permaneceram em casa sem o devido tratamento, doenças psicossomáticas, condições crônicas agudizadas, enfim, inúmeros desafios do Brasil para a próxima década, o que, por consequência exigir-se-á uma reestruturação do Sistema Único de Saúde, aperfeiçoamento do Direito de Saúde e do Direito Previdenciário, além das avocações ao Direito Constitucional à Saúde.
Em defesa para que o Sistema de Saúde possa ganhar fôlego, a curto prazo, concomitantemente entende-se como necessário o controle do espalhamento da doença na população através das medidas restritivas, tão reiteradamente comentadas nos meios digitais e, a médio prazo, a redução da desigualdade através da ampliação do número de profissionais capacitados ou os chamado “experts” para atender a nova demanda.
Diante disso, este novo cenário apresenta outra realidade para o Direito Previdenciário, bem como para o Direito Médico ou da Saúde Pública.
Para o Direito Previdenciário, evidente que, como haverão milhares de pessoas com sequelas da Covid-19, a tendência é de uma justiça abarrotada de pedidos de benefícios por incapacidade. O que automaticamente se exigirá profissionais especializados.
E para o Direito Médico cujo ramo hospitalar destina-se a estudar e regulamentar leis que irão indicar as atividades dos profissionais e instituições de saúde, sua aplicação é mais do que necessária neste atual cenário, pois visa fiscalizar questões relativas a erro médico ou de diagnóstico, inclusive situações de divergências entre paciente e plano de saúde.
Portanto, em âmbito preventivo o Direito Médico no que diz respeito à qualificação de profissionais da saúde evita também a judicialização e novas demandas, conquanto o Direito Previdenciário destina-se a preservar os direitos dos assegurados pela Previdência Social que não obtiverem condições de retornar às atividades laborais.
A respeito da perícia médica, se antes do atual cenário pandêmico a necessidade de profissionais comprometidos com a ética já era mais do que necessária, agora, com as novas estruturas implementadas para atender ao contingente massivo, o papel do médico e instituições médicas será fundamental. Já que há demandas reprimidas e que foram canceladas como as cirurgias eletivas e o impacto negativo de doenças como câncer por conta de uma vacinação lenta.
A respeito das sequelas do Pós-Covid, o conceito de recuperação de um paciente acometido não pode ser relativizado, pois a alta demanda conhecimento técnico, até porque nem todo recuperado é um curado, já que a covid pode ser longa, tratando-se de sintoma permanente, o que enseja a necessidade de reabilitação ou até mesmo aposentadoria por invalidez.
Porém, enquanto a sequela pós covid torna-se urgente, faz-se necessário que os entes federativos destinem seus recursos no sentido de criarem hospitais para atendimento exclusivo pós-covid, já que sua ausência pode acarretar em explosões de pedidos de aposentadorias por invalidez em âmbito judicial, em decorrência da ausência da possibilidade de reabilitação do paciente por conta da saturação do Sistema Único de Saúde.
Entretanto, a Constituição Federal de 1988 tem um papel muito importante para o direito à saúde no Brasil, pois prevê que o Estado tem a responsabilidade de promover o acesso para todos, sendo um direito universal que pertence aos brasileiros e estrangeiros, que assim necessitarem, podendo utilizar os serviços de saúde de forma gratuita, a fim de promover o seu direito.
Os princípios constitucionais que norteiam o direito médico e da saúde estão positivados nos artigos 196 e 197:
Art. 196. A saúde é direito de todos e dever do Estado, garantido mediante políticas sociais e econômicas que visem à redução do risco de doença e de outros agravos e ao acesso universal e igualitário às ações e serviços para sua promoção, proteção e recuperação.
Art. 197. São de relevância pública as ações e serviços de saúde, cabendo ao Poder Público dispor, nos termos da lei, sobre sua regulamentação, fiscalização e controle, devendo sua execução ser feita diretamente ou através de terceiros e, também, por pessoa física ou jurídica de direito privado”
Ou seja, tratam-se de direitos fundamentais sociais que possuem eficácia plena. Isso quer dizer que, caso seus efeitos não sejam produzidos por ação ou omissão do poder público, os pacientes têm legitimidade para exigirem a sua efetivação junto ao poder judiciário.
Deste modo, o novo cenário exige maior flexibilidade das redes, maior informação à população diante dos elevados atos emitidos pelo Poder administrativo, são inúmeros os decretos, portarias e alterações legislativas na Pandemia, exige também maior conhecimento dos profissionais diante da doença, maior participação da coletividade, o que redundará provavelmente numa Reforma Sanitária futura.
Links Relacionados
- Direito Previdenciário – Direito Previdenciário
- Divórcio – Divórcio
- Direito de família – Direito de Família
- Direito Civil – Direito Civil
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